MyJar Default Notice

[ravsta]

Hi all,

 

Need some help please.

 

 

Been sent a Default Notice by email (nothing in post) from MYJAR dated 19/12/14.

 

 

Served under section 87(1) and giving me until 02/01/14 to "pay the total of the arrears of £247.00".

 

The problems are:

1) I don't have this money to pay before then.

 

2) This is from a txtloan back in 2011.

I had one loan with them in May 2011 which i repaid back on 03/06/11.

I then took out another on 10/06/11 which i could not afford to pay back as was in a spiral of debt with other payday loans.

 

 

The original amount was £100 and i needed to pay back £117 by 25/06/11.

 

 

The loan then went off to Lucas Credit Services who started chasing this in 2013.

Now MyJAR have sent me a default.

 

3) Can they send a default notice more than 3 and 1/2 years after the loan was due? There is nothing account of this loan on my credit files.

 

4) I only have a few days before the default date..

.if i send a CCA request in, can they still put the default on my credit file during the time they have to respond to the CCA?

 

5) On the DN, they refer to "Under clause 1.14 of the running agreement...."

but there are no numbered clauses at all on the agreement. Furthermore, the agreement is not signed (just says tick the box on the screen).

 

6) The agreement as i see it is generic. It does give the credit limit, the APR, late payment fees, etc....but the actual amount payable and repayment date are in the body of the emails which TxtLoan used to send out. Not part of the agreement. Is that valid?

 

7) Do i send the CCA to the PO BOX address or the registered address for TxtLoan?

[dx100uk]

if its not showing

I doubt it will appears now.

[fkofilee]

DX this is similar to my case with MYJAR.

They intend to add this default to credit profiles...

 

Please read my thread for more info...

 

Also email ; paul.smith@myjar.com; Gareth.Gumbley@myjar.com

 

Paul is head of compliance... Gareth is the CEO

[ravsta]

@fkofilee...i've read your thread but i don't understand where the compliance argument came from? Compliance with what exactly?

If they can prove the loan was taken by me, then what specifically stops them from putting a default on? I really cannot do with ANOTHER 6 year default. I already have about 8 of them and around 3 years left till the last one drops off.

 

Any ideas on my other questions too?

[fkofilee]

The difference between me and you is that you took your loan, I didnt.

However the common elements are the defaults etc...

 

The ICO frowns on these tactics being used. This is Similar to Welcome Finance defaulting 3 years after the last missed payment etc.

Its wrong because the technicalities are you will have a default until 2021.

 

Send your CCA request direct to their registered office. They can still add a default to your CRA even while requesting the CCA.

As for the clauses... Not quite sure. Youll need to speak to the ICO when they reopen next year about the legality of the delayed default.

[fletch70]

I know you have had some success with MMF, I have had a significant sum written off by them (c1K) but it did take CSA and FOS to get it done. Maybe you have my txtloan account and they are chasing you because I can not pay!. I am almost at the point where I have more up to date entries on my credit file than I do defaults !

 

In summary I would just keep fighting them and get that formal complaint in followed up with comprehensive complaints to the ICO and FOS. In my complaint to the FOS I find it helps to list and include all relevant or even almost relevant correspondence to help speed up the process

[fkofilee]

Fletch, i got 3k sorted from MMF

 

One was apparently a Cash genie Loan for £1600 ... My jaw hit the floor when I found out.

 

Anyway this isnt my thread. This is Ravsta's thread.

 

Ive said my piece here...Rav, complain to the 2 people Ive mentioned, advise you are not happy. This will be loaded with penalty and admin fees, you can reclaim them.

[ravsta]

OK thanks guys...i've sent my CCA request off this morning to the registered office.

 

 

So that should put the account into dispute before the default goes on.

 

 

I'll write to the ICO about the late default if it does go onto my credit file.

..but I'm yet to find any real evidence that a default registered onto someone's credit file

some 3 years later is actually not acceptable/unlawful/illegal etc.

 

 

We all KNOW it's technically wrong but how can it actually be removed?

Are there any precedents?

 

In all honesty, I'm not concerned about claiming any money..it's the default which i don't want.

 

 

I guess the other angle as @fkofilee says is that the default amount will be loaded with penalty and admin fees.

..hence making the default invalid?

[renegadeimp]

Be aware that lack of a CCA only stops them enforcing through court. They could potentially add on the default still and continue chasing, but it would be pointless. Theyd just do it out of sheer spite.

 

Regarding the default, if it is inflated, and the inflated amount caused it to enter default, then the default cannot be placed. Only the true amount owed can be.

[ravsta]

So if they enter a default on my credit file for £247 when the loan amount was £100 plus £17 interest....that would give me grounds to have it removed? Does anyone know of any legal precedents which have allowed defaults to be removed?

 

What about if i ring them on

[lee_st3]

The exact same thing has happened to me, 3 years on. Can they serve these notices via email?

[fletch70]

That is a bit of a moot point. In theory so long as they can prove it was delivered yes they can however just showing it went to a mail box isn't IMO enough.

[trolley]

I thought a default had to be issue 7 days after the breach?

[renegadeimp]

Nope. It used to be within 6 months of the breach, but the regulations changed, so it can now be pretty much anytime a creditor wants as long as its reasonable. Sadly, theres no definition of the word reasonable in the regulations.

[havinastella]

Nope. It used to be within 6 months of the breach, but the regulations changed, so it can now be pretty much anytime a creditor wants as long as its reasonable. Sadly, theres no definition of the word reasonable in the regulations.

 

I think you may have your 'defaults' mixed up